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360.074 ACQUISITION OF AIR RIGHTS.

In any case in which (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use, or (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under sections 360.011 to 360.076, or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the municipality within which the property or nonconforming use is located or the municipality owning the airport or served by it may proceed under section 360.032, subdivision 3, to acquire such easements through or other interest in air spaces over land or water, interests in airport hazards outside the boundaries of the airport, and such other airport protection privileges as are necessary to effectuate the purposes of sections 360.011 to 360.076.

Official Publication of the State of Minnesota
Revisor of Statutes